Employee Rights Act

Summary#

The Employee Rights Act would change rules for union elections, employee privacy, union dues, and who counts as an employee or employer. It would require secret-ballot elections to choose a union representative and bar workers without lawful immigration status from voting in certain union elections or being counted for related petitions. Employers would give a union that requested an election a list of workers’ names and one contact method chosen by each worker. Unions would have to protect and limit their use of that information. The bill would also require written, time-limited approval before union payments are used for activities beyond collective bargaining or contract administration.

The bill would set new tests for independent-contractor and joint-employer status. In states that prohibit requiring union membership or payments as a condition of employment, it would allow certain workers to negotiate independently of a union. It would exempt tribal governments and certain tribal enterprises from the National Labor Relations Act, restrict some diversity, equity, and inclusion terms in union contracts, and change federal rules on threats and violence affecting commerce. It would also clarify that employers may act to protect workers from discriminatory, harassing, or demeaning conduct.

What it means for you#

If you are a worker, the bill could change how union elections and dues work, how your contact information is shared during an organizing drive, and how your work status is classified. In certain states, workers who leave a union or stop paying an exclusive representative could negotiate directly with their employer. The bill would also change rules affecting tribal employers and workplace conduct. The effects would depend on your situation and the bill’s implementation.

Expenses#

The bill specifies no funding or spending amounts. Implementation costs are not stated.

Proponents' View#

No publicly available information.

Opponents' View#

No publicly available information.